Health Care Managaement Question
ashby104
Chapter_5_Development_of_Law1.pptxChapter 5 Development of Law
Chapters 5 and 6 go well together.
Learning Objectives
Understand the development and sources of law.
Describe how the government is organized through the three branches of government.
Explain the principle of separation of powers.
Describe what is meant by conflict of laws.
Describe the functions of the Department of Health and Human Resources and its various operating divisions.
Law
A system of principles and processes by which people in a society deal with their disputes and problems, seeking to solve or settle them without resorting to force.
General rules of conduct enforced by government.
Development of Law
Tradition
Culture
Customs
Beliefs
Why Laws Change
Political climate
Social change
Religious beliefs
Values change
Categories of Law
Public law: The laws that control relationships between individuals and the government.
Private law: The laws that control relationships between individuals.
Sources of Law
Common law
Statutory law
Administrative law
Common Law (1 of 2)
Derived from judicial decisions.
Origins in English common law.
Responds to issues beyond written law.
Often differs from state to state.
Common-law principles prevail unless a statute governs.
Judicial decision in one state does not set precedent for another.
Common Law (2 of 2)
Principles of common law:
Precedent
Res judicata
Stare decisis
Statutory Law
Written law that emanates from legislative bodies.
Courts often interpret how various statutes apply to each set of facts.
U.S. Constitution is highest in hierarchy of enacted law.
http://constitutionus.com/?t=Bill%20of%20Rights
Bill of Rights
Amendments to the U.S. Constitution added to protect the rights of citizens.
Freedom of religion
Right to keep and bear arms
Freedom of speech
First Amendment
The First Amendment guarantees freedoms concerning religion, expression, assembly, and the right to petition.
It forbids Congress from both promoting one religion over others and also restricting an individual’s religious practices.
It guarantees freedom of expression by prohibiting Congress from restricting the press or the rights of individuals to speak freely.
It also guarantees the right of citizens to assemble peaceably and to petition their government.
Administrative Law
Public law is issued by administrative agencies to direct enacted laws.
Administrative Procedures Act states the procedures under which federal agencies operate.
Rules and regulations are administered within intent of law.
Regulations are subject to judicial review.
Government Organization: Legislative Branch
Enacts laws.
Amends or repeals existing legislation.
Creates new legislation.
Government Organization: Judicial Branch
Resolves legal disputes.
Supreme Court
Nation’s highest court
Eight Associate Justices and one Chief Justice
As I have said in the past, when government bureaus and agencies go awry, which are adjuncts of the legislative or executive branches, the people flee to the third branch, their courts, for solace and justice.
—Justice J. Henderson, Supreme Ct. of South Dakota
Government Organization: Executive Branch
Administers and enforces the law.
Executive power vested in the president.
Cabinet advises the president.
Separation of Powers
System of checks and balances.
No one branch of government dominant over the other two.
Each may affect and limit the activities, functions, and powers of the other branches of government.
Conflict of Laws
Article VI, Paragraph 2 of the U.S. Constitution is commonly referred to as the Supremacy Clause.
It establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions.
It prohibits states from interfering with the federal government's exercise of its constitutional powers, and from assuming any functions that are exclusively entrusted to the federal government.
It does not, however, allow the federal government to review or veto state laws before they take effect.
U.S. Department of Health and Human Services
Cabinet-level department.
Responsible for carrying out national health and human services policy.
Main source of regulations affecting the healthcare industry.
Department of Health and Human Services: Divisions and Agencies (1 of 2)
Administration on Aging
Centers for Medicare and Medicaid Services
Public Health Service
National Institutes of Health
Centers for Disease Control and Prevention
Food and Drug Administration
Department of Health and Human Services Divisions and Agencies (2 of 2)
Substance Abuse and Mental Health Services Administration
Health Resources and Services Administration
Agency for Healthcare Research and Quality
Agency for Toxic Substances and Disease Registry
Indian Health Service
Review Questions
Define the term law and describe the sources from which law is derived.
Describe and contrast the legal terms res judicata and stare decisis.
Describe the function of each branch of government.
What is the meaning of separation of powers?
What is the function of an administrative agency?
Describe the various operating divisions and agencies within the DHHS.
Review Questions
